Gulf, Colorado & Santa Fe Railway Co. v. Bacon

KEY, Associate Justice.

This suit was instituted by appellant in the District Court of Bell County, to restrain and enjoin appellees, W. W. Bacon and T. H. Bacon, from prosecuting two suits against it (one instituted by each appellee) in a Justice Court in Bell County.

The essential averments of appellant’s petition are: That on the 11th day of October, 1888, 17 head of sheep, belonging to said W. W. Bacon individually, or to W. W. and T. H. Bacon as partners, were at one time killed by a train on appellant’s railway; that the killing of said sheep was without fault or negligence on the part of…